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2008 Supreme(Raj) 1387

DINESH MAHESHWARI
Vinod Purohit – Appellant
Versus
Vijaya Bank – Respondent


Advocates:
For the Petitioner:Mr.A.K. Rajvanshy, Advocate.

JUDGMENT

1. - Having heard learned counsel for the petitioner and having perused the material placed on record, this Court is satisfied that the learned executing court had been justified in passing the impugned order dated 19.12.2007 and the said order does not call for any interference.

2. In an auction sale held on 18.07.2007 for recovery of an amount of Rs.75,49,038/- in execution of decree obtained by the respondent No.1 against the respondent No.2, the petitioner put a bid of Rs.1,22,00,000/-. The petitioner deposited 25% on the amount of purchase money with the executing court concerned on the next day i.e., 19.07.2007; and then deposited the remaining amount of Rs.91,25,000/- on 07.08.2007 i.e., beyond the period of 15 days from the date of the said auction.

3. While the proceedings were pending before the executing court, it appears that certain objections and propositions came up including the objection raised by one M/s. Thar Desert Palace Pvt. Ltd. stating some alleged transaction with the judgment debtor, the owner of the property; and a suggestion came up on behalf of the said objector of permitting private sale of the property. Another person, Shri Manish Lodha submitt












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